People v. Burtron

              1
NOTICE
Decision filed 09/28/07. The text of
this decision may be changed or
corrected prior to the filing of a
Peti tion for Rehearing or the
disposition of the same.
NO. 5-06-0619
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Crawford County.
)
v. ) No. 05-CF-113
)
JAMES A. BURTRON, ) Honorable
) David M. Correll,
Defendant-Appellant. ) Judge, presiding.
_________________________________________________________________________
JUSTICE SPOMER delivered the opinion of the court:
On February 21, 1978, when asked to consider the deference a reviewing court should
give to a trial judge's decision to declare a mistrial, the United States Supreme Court held,
inter alia, "Unless unscrupulous defense counsel are to be allowed an unfair advantage, the
trial judge must have the power to declare a mistrial in appropriate cases." Arizona v.
Washington, 434 U.S. 497, 513, 54 L. Ed. 2d 717, 733, 98 S. Ct. 824, 834 (1978).
The defendant in the present case, James A. Burtron, appeals an order of the circuit
court of Crawford County denying his motion to dismiss the criminal charges against him
on double jeopardy grounds, following the trial judge's sua sponte declaration of a mistrial
during the defendant's trial on charges of aggravated criminal sexual assault (720 ILCS 5/12-
14(c) (West 2004)). On appeal, the defendant questions the proper standard of review for
a trial judge's sua sponte declaration of a mistrial, and he contends that because principles
of double jeopardy prevent his retrial following the mistrial, the trial judge erred in denying
his motion to dismiss the criminal charges against him. For the reasons that follow, we
affirm.